The defendant sought judicial review of a period of imprisonment in excess of 8 years imposed on him for failing to comply with a confiscation order. Judges: Moses LJ, Irwin Citations: [2012] EWHC 596 (Admin) Links: Bailii Statutes:
Judges: Langstaff J Citations: [2010] EWHC 3412 (Admin) Links: Bailii Statutes:
The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010
The claimant had successfully defended a forfeiture case, but had been refused an order for her costs by the magistrates. The magistrates had found that the case had been properly brought under the 2002 Act, even though it had failed. Held: The request for judicial review failed. Citations: [2009] EWHC 762 (Admin) Links: Bailii Statutes: … Continue reading Perinpanathan v City of Westminster Magistrates Court: Admn 10 Mar 2009
The prosecutor sought to bring in documentary evidence in support of its application to commit the defendant for trial on fraud charges. During the course of proceedings the rules changed on admission of such evidence. The prosecutor appealed dismissal of the charges after they had been refused consent to admit the evidnce after the magistrate … Continue reading Crown Prosecution Service v City of London Magistrates’ Court and Gill: Admn 20 Dec 2005
The defendant had written to the court to request an adjournment. The case proceeded in his absence. Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant’s absence. The defendant retained a right of appeal under s108. The absence was the defendant’s entire responsibility. The court … Continue reading Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey: QBD 16 Jul 1996
Judges: Coulson LJ, Holgate J Citations: [2021] EWHC 112 (Admin), [2021] WLR(D) 64 Links: Bailii, WLRD Statutes:
A person with the appellant’s full power of attorney had attended court, but had pretended to be the appellant, who now appealed the conviction. Held: The claim was allowed. Judges: Holroyde LJ, Dove J Citations: [2019] EWHC 1385 (Admin), [2019] WLR(D) 378 Links: Bailii, WLRD Statutes:
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
A man was accused of a series of mortgage frauds. The defendants each gave evidence to the court. He made a complaint of perjury against each of them. The current defendants sought judicial review of a refusal to discharge the summonses. Held: ‘there is no authority directly upon the question whether the issue and maintenance … Continue reading Regina v Newcastle Upon Tyne Magistrates’ Court ex parte Still, Lawlan, Davidson, Pryor, and Forrest: Admn 18 Sep 1996
The claimant sought judicial review of the magistrates refusal to set aside a conviction entered in his absence. He had been in custody and not produced for the hearing. Held: The review was granted. The judge had not established that the defendant was at fault in not attending. Citations: [2007] EWHC 2766 (Admin) Links: Bailii … Continue reading Morsby v Tower Bridge Magistrates’ Court: Admn 31 Oct 2007
The claimant sought judicial review of his conviction by the magistrates for contempt of court: ‘The Administrative Court office wrote to Mr Lane on 22nd November, almost a week ago, pointing out that the right of appeal against orders made under section 12 of the 1981 Act consists of a right of appeal to the … Continue reading Lane v Gloucester Magistrates Court: Admn 28 Nov 2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he had undertaken. Held: Judicial review proceedings were available if necessary to quash witness summonses issued under … Continue reading Cunliffe, Regina (on the Application of) v West London Magistrates’ Court: Admn 6 Jul 2006
The defendants were said to have been found in possession of false passports. They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act. The prosecutor argued that a Schedule only came into effect when explicitly made to come into effect. Held: The prosecutor’s appeal succeeded. The 2006 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006
The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review. Held: ‘Where an unjust sentence has been imposed upon a claimant, then, notwithstanding … Continue reading Harrison, Regina (on the Application Of) v Flintshire Magistrates’ Court: Admn 13 Oct 2004
Once a guilty plea has been accepted in the Magistrates Court to an either way case, the Magistrates may still commit for sentence after hearing all factors including the defendant’s antecedents, but he should be allowed to make representations. Magistrates are to commit a defendant for sentence to the Crown Court only when satisfied that … Continue reading Regina v Warley Magistrates Court, ex parte Director of Public Prosecutions; Same v Staines Magistrates Court, ex parte Same; Etc: QBD 13 May 1998
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
Application for judicial review of a decision of the Medway Magistrates’ Court, to proceed with a trial of the claimant in his absence despite the provision of medical evidence. Judges: Richards LJ, Treacy J Citations: [2012] EWHC 1403 (Admin) Links: Bailii Statutes:
Request for judicial review of decision of magistrates to commit him to crown court for sentence. Citations: [1999] EWHC Admin 609 Links: Bailii Statutes:
The defendant appealed against the refusal of the Justices to deal with his formal committal to the Crown court in his absence when he was unwell. The magistrates had distinguished between sections 6(1) and 6(2) as to whether the accused was required to be present. Held: The distinction was false: ‘when the Act deals in … Continue reading Regina v Liverpool City Magistrates Court ex parte Quantrell: Admn 19 Jan 1999
Claim that proceedings for summary offence not issued within six months. Citations: [1996] EWHC Admin 227 Links: Bailii Statutes:
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997
The defendant to extradition proceedings had breached her bail by going on holiday. She had been arrested and sent to the extraditing country which had in turn withdrawn the extradition request to the UK. Held: The surety could not be forfeited under the section merely for the breach of the bail condition by a defendant. … Continue reading Regina (Hart) v Bow Street Magistrates’ Court: QBD 19 Dec 2001
The police had decided simply to re-lay charges which had already been dismissed after an extensive depositions hearing. The charges were simplified but essentially the same. Held: This was an abuse of process. A court is possessed of a discretion which extends to enable it to stay a second prosecution where that second prosecution can … Continue reading Regina v Horsham Justices, ex parte Reeves (Note): QBD 1980
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of State and not to the court. While an approval subsisted it is ‘wholly immaterial to mount … Continue reading Regina v Skegness Magistrates’ Court ex parte Cardy: 1985
The papers for an appeal must supply sufficient material to enable the court to assess grounds for costs. Citations: Times 03-May-1993 Statutes: Magistrates Courts Act 1980 64 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.88291
The defendant had been in custody for a different offence on the day when the magistrates were due to try him, and he was not produced. The prosecutor only learned of the other conviction on that day, and sought an adjournment. Instead the magistrates dismissed the charge. The prosecutor appealed. Held: The magistrates’ power to … Continue reading Regina v Merthyr Tydfil Magistrates Court and Day ex parte Director of Public Prosecutions: QBD 1989
Two police officers were being brought to trial, charged with assault occasioning bodily harm. They applied to the trial judge for an order directing the prosecution to inform the defence whether any members of the jury panel had criminal convictions, and if so, to give details. The trial judge made the order. The court considered … Continue reading Regina v Sheffield Crown Court ex parte Brownlow: CA 1980
DONALDSON LJ: Mr. Phillips appeals by case stated against his conviction and a fine of andpound;5 imposed by Mr Loy, the Leeds Stipendiary Magistrates, in September 1978 for failure to comply with a School Attendance Order. It is not the conviction or the fine which irks Mr. Phillips. His irritation, and perhaps even anger, is … Continue reading Phillips v Brown: QBD 20 Jun 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme. Held: It was not necessary to decide whether a declaration as to the criminality or otherwise of future conduct can ever properly be made by a civil court. It would be … Continue reading Imperial Tobacco Ltd v Attorney-General: HL 1980
The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002
The claimant had faced an application for a closure order on his premises for their use for unlawful drugs. The matter was adjourned twice at his request. On the third occasion he sought to rely upon the need for a closure order to be confirmed with 14 days to say that the order must lapse. … Continue reading Regina (Brian Turner) v Highbury Magistrates Court: QBD 11 Oct 2005
Statements in support of a committal under 6(1) or 6(2) are to be admissible also under section 102. Citations: Times 22-Mar-1996 Statutes: Magistrates Courts Act 1980 Criminal Evidence, Magistrates Updated: 09 April 2022; Ref: scu.86888
Decision on what is to happen on one of three Justices retiring is for open court. Citations: Ind Summary 29-Jan-1996 Statutes: Magistrates Courts Act 1980 121(1) Magistrates Updated: 09 April 2022; Ref: scu.86611
Justices must consider the extent of their powers of sentencing when choosing to try a case summarily. Citations: Gazette 28-Feb-1996, Times 06-Feb-1996 Statutes: Magistrates Courts Act 1980 19(3) Criminal Practice, Magistrates Updated: 09 April 2022; Ref: scu.86668
The Court’s convenience does not justify a trial in the absence of the defendant. Citations: Times 16-Mar-1994 Statutes: Magistrates Courts Act 1980 142 Criminal Practice Updated: 09 April 2022; Ref: scu.86537
Judges: The Lord Chief Justice of England and Wales (Lord Bingham of Cornhill) And Mr Justice Klevan Citations: [2000] EWHC 654 (Admin) Links: Bailii Statutes:
The court was asked whether magistrates’ courts have a discretion to extend the time to state a case after the expiration of the 21 days specified in section 111(2) of the Magistrates’ Courts Act 1980 (the 1980 Act) as the time within which an application for a case to be stated for the opinion of … Continue reading Mishra v Colchester Magistrates’ Court: Admn 14 Nov 2017
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily. Times 09-Dec-1997, Gazette 17-Dec-1997, [1997] EWHC Admin 1045 Magistrates Courts Act 1980 127, Companies Act 1986 731(2) England and Wales Criminal Practice, Company Updated: 03 January 2022; … Continue reading Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997
A challenge was made as to whether the magistrates had jurisdiction in an allegation of burglary, or whether the case should have been committed to the Crown Court. [1997] EWHC Admin 760
The Commissioner had been wrong to conclude that he could not bring prosecutions in respect of driving on a certain road because it was not a ‘road’ within the definition of the Road Traffic Act 1972. Having observed that ‘[c]ounsel and solicitors in magistrates’ courts, in the Divisional Court and in the Crown Courts can … Continue reading Adams v Commissioner of Police of the Metropolis: QBD 1980
Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
In convicting the defendant, the magistrates announced that they had done so on the balance of probabilities. At a later hearing magistrates sought to set aside the decision and relist the case for a new hearing. They refused to state a case. The defendant sought judicial review. Held: Magistrates did not have power of their … Continue reading Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008
Application by prosecutor to amend name of defendant company but after time limit for issue. . .
The court heard appeals from rulings under the 2004 Act.
Held: In section 1, the hunting of a wild mammal did not include the search for an animal with a view to flushing it from cover. As to the exemptions, the operation of the 1980 Act and . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Renewed application for permission to challenge the decision of a District Judge who refused an application to issue a summons pursuant to s.1(1)(a) of the Magistrates Courts Act 1980 against the former Prime Minister, Tony Blair, for an offence of . .
Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part … Continue reading Crown Prosecution Service v Greenacre: Admn 3 Apr 2007
The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018
‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the Drug Trafficking Act 1994 (DTA) as meaning … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015
The defendant had applied for an adjournment of the council’s application for a liability order. The court made an order without considering the application, not having been told of it. On later discovering the application, they set aside the liability order to consider the application. The council objected. Held: Although no statutory basis existed for … Continue reading Liverpool City Council v Pleroma Distribution Ltd: Admn 21 Nov 2002
Magistrates who had dismissed a prosecution for the failure of the prosecutor to attend court and without any consideration of the merits, were able to hear a subsequent summons issued on same facts. Citations: Times 18-May-1998, Times 18-May-1998, Gazette 10-Jun-1998 Statutes: Magistrates Courts Act 1980 15 Jurisdiction: England and Wales Magistrates, Criminal Practice Updated: 18 … Continue reading Environment Agency v Campbell and Another: QBD 18 May 1998
The defendant appealed by case stated against an order allowing the amendment of an information against him. He was first accused of failing to provide a specimen of breath for testing after being stopped and suspected of driving with excess alcohol. The officer had however accepted that he had a proper reason for not providing … Continue reading Crann v Crown Prosecution Service: Admn 27 Feb 2013
The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012
The magistrates were asked to make a finding against a dog which was kept within their jurisdiction, but where the incident upon which the application was based, had occurred in Scotland. The appellant contended it should have been heard in Scotland because of section 52 of the 1980 Act. Held: The 1871 Act conferred a … Continue reading Shufflebottom v Chief Constable of Greater Manchester: Admn 7 Feb 2003
Evidence of deceased complainants statement was admissible – still a person. Citations: Ind Summary 08-May-1995 Statutes: Magistrates Courts Act 1980 106-1 Jurisdiction: England and Wales Criminal Evidence Updated: 27 October 2022; Ref: scu.88028
A prisoner who had been remanded to police cells had no claim of damages for false imprisonment for his later non-release. Citations: Times 07-Feb-1996 Statutes: Magistrates Courts Act 1980 128(7) Jurisdiction: England and Wales Torts – Other Updated: 27 October 2022; Ref: scu.81577
Where a youth appears with an adult on a grave crime allegation in an adult court, and the case against the adult does not proceed, the assessment of whether the youth should be committed to the Crown Court must be carried out by the adult court. Citations: Gazette 13-May-1998, [1998] 1 All ER 11 Statutes: … Continue reading Regina v Tottenham Youth Court Ex Parte Fawzy: CACD 13 May 1998
Statement by victim was admissible after death – ‘person’ not ‘living person’. Citations: Times 07-Apr-1995 Statutes: Magistrates Courts Act 1980 106-1 Jurisdiction: England and Wales Criminal Evidence Updated: 08 October 2022; Ref: scu.88029
A defendant indicating guilt at the plea before venue hearing was entitled to greater discount for that guilty plea than a defendant entering plea at the pre trial review at Crown Court. Crown Courts are to reduce sentencing discounts accordingly. Citations: Times 09-Apr-1998, (1998) 2 Cr App R (S) 449, 450, [1998] EWCA Crim 1126 … Continue reading Regina v Rafferty: CACD 30 Mar 1998
The defendant appealed against her conviction for racially aggravated criminal damage. The court considered whether it was possible to leave the matter for the jury without an additional count on the indictment, and whether a low value charge was indictable, triable either way, or summary. Held: The rules restricting the selection of mode of trial … Continue reading Regina v Fennell: CACD 17 May 2000
The defendant was accused of burglary. On discovery by the householder, he resisted detention. The magistrates took that as violence in the course of the burglary, and sent the case to the Crown Court. Held: The force used by the occupier was lawful, and the resistance was part and parcel of the burglary for the … Continue reading Regina v McGrath: CACD 30 Jun 2003
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
Where on a previous occasion the defendant had been acquitted with a formal verdict, after the prosecution had offered no evidence, it was not open to the prosecution later to return and allege a more serious offence based upon the same facts. The defendant was entitled to the benefit of the plea of autrefois acquit. … Continue reading Regina v G (Autrefois acquit): CACD 25 May 2001
If a Crown Court could properly sentence youth aged between 14 and 17 to more than two years then the Magistrates should commit the youth to the Crown Court. Only if the nature of the offence was such that the Crown Court could not properly exercise its section 53(2) powers should the justices take the … Continue reading Regina v Inner London Youth Court Ex Parte Director of Public Prosecutions: QBD 4 Apr 1996
Justices are not entitled to decide on mode of trial in order to avoid separate trials. Citations: Times 03-Apr-1995 Statutes: Magistrates Courts Act 1980 19 20 Jurisdiction: England and Wales Criminal Practice Updated: 23 July 2022; Ref: scu.86967
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by seeking to distract the fish and to dissuade the anglers from catching them. No violence … Continue reading Regina v Nicol and Selvanayagam: QBD 10 Nov 1995
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998
The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001
A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that … Continue reading Regina v Inner London Justices ex parte Cukic: Admn 1 Sep 1995
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
The defendant had admitted an offence under the 1997 Act but the magistrates had declined to make a restraining order. The police then sought and anti-social behaviour order. The defendant objected saying that the events upon which the claim was based were more tan six months old and not admissible. Held: It was important not … Continue reading Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a decision before going on with the case. Held: The court should consider first whether … Continue reading Ashton , Regina v; Regina v Draz; Regina v O’Reilly: CACD 5 Apr 2006
The police applied to the court for a closure order in respect of premises they said were being used for the sale of Class A drugs. The tenant sought an adjournment, which was granted as were two later applications. On the last hearing, the police did not appear and the application was dismissed as out … Continue reading Commissioner of Police of the Metropolis v Hooper: QBD 16 Feb 2005
When calculating the value of damage for the purpose of deciding whether an allegation of criminal damage could be referred to the Crown Court, the damage was the replacement value and not the consequential losses. An activist was accused of damaging genetically engineered crops. The replacement value was andpound;750, but the consequential losses amounted to … Continue reading Regina v Colchester Justices Ex Parte Abbott: QBD 13 Mar 2001
The court considered how to apply the time limits in the section. There was a system for automatic electronic communication between the police and the court office. The six month time limit expired on the 16th December. The documents served on the defendant showed an ‘information date’ of 10th December, but the summons was dated … Continue reading Atkinson v Director of Public Prosecutions: Admn 12 May 2004
In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision. Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003
Citations: [1998] EWHC Admin 636 Links: Bailii Statutes: Prosecution of Offences Act 1985 16, Magistrates Courts Act 1980 142(1) Criminal Practice, Magistrates Updated: 27 May 2022; Ref: scu.138757
Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but in a category of its own. Citations: Times 13-Mar-1998, [1998] EWHC … Continue reading Regina v Corby Justices ex parte Agnes Mort: Admn 9 Mar 1998
The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months having elapsed since the date of the offence, new proceedings for the summary offence of common … Continue reading Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998
The concept of forfeiture in the Act was dependent upon the seizure of goods. The Act also made a distinction between the initial detention of goods and formal seizure. The six months time limit under the Magistrates Courts Act was calculated from seizure not detention. The seizure was challenged by a notice of claim. Until … Continue reading Commissioners of Customs and Excise v Venn and Others: QBD 11 Dec 2001
A sentence takes immediate effect as it is pronounced, thus allowing a defendant to be treated as a serving prisoner immediately. Citations: Times 14-Nov-1996, [1996] EWHC Admin 136 Links: Bailii Statutes: Magistrates Courts Act 1980 82(3)(a) Criminal Sentencing, Magistrates, Prisons Updated: 25 May 2022; Ref: scu.136684
This was an appeal by way of case stated. The appellants were alleged to have offered timeshare contracts without notification of cancellation rights. A director claimed he was unfit to attend, but the trial proceeded in his absence. He had, the day before, attended a conference with counsel. Held: Given the medical evidence before them, … Continue reading Ronald and John Popely and Another v D G Scott (Kent County Council): Admn 21 Dec 2000
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed. Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean … Continue reading Bradford City Metropolitan District Council v Booth: QBD 10 May 2000
Citations: Times 16-Jun-1998 Statutes: Magistrates Courts Act 1980 111(3) Jurisdiction: England and Wales Magistrates Updated: 15 May 2022; Ref: scu.83101
Justices have no power themselves to act to correct a defective CSA liability order. Their role is merely to enforce. Doubts to be remitted to CSA. Citations: Times 08-Feb-1996 Statutes: Magistrates Courts Act 1980 58 Child Support Updated: 15 May 2022; Ref: scu.79909
Once the charges had been withdrawn by the prosecutor, the former defendant was no longer an accused, and the magistrates had no power to re-open the case to alter an order for costs they had made. Citations: Times 27-Jul-1998 Statutes: Magistrates Courts Act 1980 142(1) Cited by: Cited – Regina v Thames Magistrates’ Court ex … Continue reading Coles v Camborne Justices: QBD 27 Jul 1998
The Crown Court could join charges of indecent assault and assault occasioning actual bodily harm after a youth was sent there for indecency charges. Citations: Times 18-Mar-1998 Statutes: Magistrates Courts Act 1980 24 Jurisdiction: England and Wales Criminal Practice Updated: 11 May 2022; Ref: scu.87662
Lord Bingham set out guidance in respect of costs awarded by magistrates pursuant to section 64(1) of the 1980 Act, saying: ‘I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised in three propositions: 1. Section 64(1) confers a discretion upon a magistrates’ court to make such … Continue reading City of Bradford Metropolitan District Council v Booth: Admn 10 May 2000
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
Challenge to Youth court declining jurisdiction. Judges: Ouseley J Citations: [2006] EWHC 564 (Admin) Links: Bailii Statutes: Magistrates Courts Act 1980 24 Jurisdiction: England and Wales Criminal Practice Updated: 05 May 2022; Ref: scu.240067
The court considered the power to require magistrates to state a case on an interloctory issue. Held: Where the Justices had not made a final determination they had no jurisdiction to state a case. Section 111 applies only to a final determination of a case. Citations: [1985] QB 920 Statutes: Magistrates Courts Act 1980 11191) … Continue reading Streames v Copping: 1985
Magistrates returning prisoner on licence to prison because of other offences did not impose further sentence by doing so. Citations: Times 21-Jul-1997, [1997] EWHC Admin 589 Statutes: Criminal Justice Act 1991 40, Magistrates Courts Act 1980 133 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 April 2022; Ref: scu.88350
Appeal by way of case stated pursuant to section 111 of the Magistrates Courts Act 1980 against the refusal of the DJ at Oxford Magistrates Court, to stay the prosecution against them as an abuse of process. Judges: Lady Justice Whipple And Mrs Justice Collins Rice Citations: [2022] EWHC 425 (Admin) Links: Bailii Jurisdiction: England … Continue reading Pugsley and Another v Director of Public Prosecutions: Admn 2 Mar 2022
The prosecutor appealed a refusal of the magistrates to commit a youth to the Crown Court for trial. Held: Magistrates should start with a presumption against declining jurisdiction. Where there was a real prospect of a custodial sentence in excess of two years, the magistrates should accept a request to decline jurisdiction, and commit the … Continue reading Crown Prosecution Service v Redbridge Youth Court: QBD 8 Jun 2005
Disclosure by third parties in criminal proceedings was not affected by other new rule. Simon Brown LJ summarised the tests for materiality for requiring production of dicuments from third parties by magistrates: ‘The central principles . . . are as follows: (i) to be material evidence documents must be not only relevant to the issues … Continue reading Regina v Reading Justices ex parte Berkshire County Council: QBD 5 May 1995
